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Issues in Translating Legal Texts [PP: 69-74] Myrteza MURIÇI [Ph Issues in Translating Legal Texts [PP: 69-74] Myrteza MURIÇI [Ph. D Candidate] Pristina, Republic of Kosovo ABSTRACT We live in a world which is globalized and where international relations are much more active than ever. As people do not speak common language, need for translation and interpreting is more crucial in this regard. We cannot think of close contacts among states, societies, people and businesses without the mediation of translation and interpreting than before. Thus, translation and interpreting have became crucial and are playing a very important role in human interactions. International law, which regulates relations between organizations and states, has also gained importance. Thus, it can be said that international law (as a result of this translation and interpreting as well) has also become more crucial. Thus, legal translation has also become important among the other domains of translation. However, translating and interpreting are not easy at all. There is no room for error in translation and interpreting as legal consequences may follow. Legal translation involves very complex matters and specialized terminology. This is why it is extremely important to assign the legal translation task to a translator who is well qualified and specialized to handle translation of legal documents. The field of legal translation in Kosovo is not so much developed. There is a limited work and study done in this regard. Therefore, this paper attempts to make a modest contribution in this regard with description and discussion of the issues regarding translation of legal texts. Solutions offered herein may be taken as a basis for further research. Keywords: Translation, Legal Text, International Law, Kosovo, Interpreting, Translator ARTICLE The paper received on: 20/07/2016 Reviewed on: 14/08/2016 Accepted after revisions on: 09/09/2016 INFO Suggested citation: MURIÇI, M. (2016). Issues in Translating Legal Texts. International Journal of English Language & Translation Studies. 4(3), 69-74. Retrieved from www.eltsjournal.org 1. Introduction translators need in order to render This paper deals with issues in professional and accurate translations. translating legal texts. Initially, it discusses 2. The Legal Language the legal language which is the language of Legal language refers to the the translation category dealt with herein language of and related to law and legal and then sets out linguistic characteristics of process. It is a variety of language the legal language. Further it will discuss appropriate to the legal situations of use. the legal translation, categories of the legal Because of its characteristics, it is also translation and finally, it will present issues regarded as a separate language - different in translating legal texts by providing some from the ordinary language. Linguistic of the requirements that good legal difficulties in legal languages arise from the International Journal of English Language & Translation Studies ISSN:2308-5460 Volume: 04 Issue: 03 July-September, 2016 differences found in the different legal often does produce not just linguistic but cultures and legal systems. Legal language also legal impact and consequence because has developed its characteristics to meet the of the special nature of law and legal demands of the legal system in which it is language. Legal translation is a complex expressed. It is distinguished from other process that requires special skills, types of technical languages that convey knowledge and experience on the part of the universal information. In this sense, legal translator to produce such translation. It is a language is sui generis. Each legal language cross-cultural and inter-lingual is the product of a special history and communicative act and as a complex human culture. and social behavior. One of the main reasons why the Legal translation refers to the language of the law is difficult to rendering of legal texts from the source understand is that it is often very different language into the target language. In the from ordinary language. In legal language light of the purposes of the target language writing conventions are different, like: texts, legal translation can be classified into sentences often have peculiar structures, following categories: punctuation is used insufficiently, foreign There is legal translation for phrases are sometimes used instead of normative purpose. It refers to the ordinary phrases (e.g. inter alia instead of production of equally authentic legal texts among others), unusual pronouns are in bilingual and multilingual jurisdictions of employed (the same, the aforesaid, etc.), domestic laws, international legal unusual set phrases are to be found (null and instruments and other laws. Often such void, all and sundry), technical vocabulary, bilingual or multilingual texts are first unusual and archaic words, impersonal drafted in one language and then translated constructions, use of modal like shall, into another language or languages. They multiple negation, long and complex may also be drafted simultaneously in both sentences and poor organization are all or all languages. In either case, the different problematic. language texts have equal legal force and 3. Legal Translation one is not superior to another irrespective of Translation is an act of their original status. Examples of these are communication between text producers and the legislation in the bilingual jurisdictions text receivers and the translator is regarded of Canada and Hong Kong, the multilingual as a mediator between the two. Translators legal instruments of the UN and the of legal documents not only translate from multilingual laws of the EU. This category one language into another language but also of legal translation may also include private from one legal language into another legal documents such as contracts, the bilingual language. The translation of law has played texts of which are equally authentic in a a very important part in the contact between bilingual or monolingual jurisdiction. For different people and different cultures in instance, non-English speaking country history and is playing an even more contracts sometimes may stipulate that the important role in our globalized world. versions of the contract in the official language of the country and English are Legal translation is a special and both authentic, even though the language of specialized area of translational activity. the court and the country does not include This is due to the fact that legal translation English. In this category of legal translation, involves law and such translation can and Cite this article as: MURIÇI, M. (2016). Issues in Translating Legal Texts. International Journal of English Language & Translation Studies. 4(3), 69-74. Retrieved from www.eltsjournal.org Page | 70 Issues in Translating Legal Texts MURIÇI, Myrteza. the communicative purposes of the source Legal translation is often more language and target language texts are difficult than other types of technical identical. translation because of the system-bound Then, there is legal translation for nature of legal terminology. Unlike informative purpose, with constative or scientific or other technical terminology, descriptive functions. This includes each country has its own legal terminology translation of statutes, court decisions, (based on the particular legal system of that scholarly works and other types of legal country), which is quite different even from documents if the translation is intended to the legal terminology of another country provide information to the target readers. with the same language. Law, as a social This is most often found in monolingual phenomenon and product of a culture, jurisdictions. Such translations are different acquire a unique character in every society. from the first category where the translated Every society organizes its legislation or its law is legally binding. In this category, the legal system according to the legal concept source language is the only legally it has. For instance, Common Law in enforceable language while the target English is difficult to translate into language is not. For instance, a statute Albanian. This is linked with the written in Albanian translated into English differences in legal systems we have. for informative purpose for the benefit of Common Law legal system is characterized foreign lawyers or other English readers is by case law, which is law developed by not legally enforceable. judges through decisions of courts. The And there is legal translation for body of precedent is called Common Law general legal or judicial purpose. Such and it binds future decisions. In cases where translations are primarily for information the parties disagree on what the law is, a and are mostly descriptive. This type of common law court looks to past translated document may be used in court precedential decisions of relevant courts. If proceedings as part of documentary a similar dispute has been resolved in the evidence. Original source language texts of past, the court is bound to follow the this type may include legal documents such reasoning used in the prior decision. If the as statements of claims or pleadings, court finds that the dispute is fundamentally contracts, agreements and ordinary texts distinct from all previous cases, judges have such as business or personal the authority and duty to make law by correspondence, records and certificates, creating precedent. On the other hand our witness statements and expert reports etc. legal system is different. We have a civil Such translated texts have legal law system and our court decisions are consequences attached to them due to their based on written legal framework - use in the legal process. Thus, we can say primarily on Constitution and then on other that legal translation refers to the translation laws. Therefore, legal translators find it of texts used in law and legal settings. Legal difficult to translate Common Law into translation is used as a general term to cover Albanian as there is no equivalent in both the translation of law and other Albanian legal system. They translate this communications in the legal setting.
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